Judge can’t be sued for affair with mother in child custody case

A former Michigan judge who had an affair with a woman while he presided over her child custody case cannot be sued by the father in the case, a federal appeals panel has ruled.

The U.S. 6th Circuit Court of Appeals wrote that while Wade McCree’s conduct was “often reprehensible,” he cannot be sued under the doctrine of judicial immunity. The appeals panel assured “casual readers” that it was not simply protecting one of its own.

“There should be no immunity for what happened here,” said Joel Sklar, the father’s attorney.

The father accused McCree of giving favorable rulings to the mother in the case. McCree is accused of having a sexual relationship with the woman, sexting her from the bench and giving her thousands of dollars. The husband and father in the case, who was ordered to pay child support by McCree, vows to bring his challenge of judicial immunity to the U.S. Supreme Court.

The decision is not reported, but may be found here (log-in required).